St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-11-04
TO Be CHANGED AT ONCE,
State Reform School Managers Hear
Citizens Prom Red Wing.
THE LAW WAS ELUCIDATED
Attorney General Clapp's Idea Of the
Meaning Of the Late Legisla-
tive Act.

The managers OF the state reform
school held their monthly meeting yes
terday at the Office of Corporation At
torney Murray in st. Paul. A commit
tee of the citizens of Red Wing was
present, and the question of the re-
mOyal of the school was the principal
subject of discussion. Gov. McGill adj
dressed communication to the board,
enclosing the following letter from the
attorney general defining the meaning
of the legislative act relating to the re-
moval:
To His Excellency, Hon. A. r. McGill, Coy
ernor-Dear Sir: The communication of
Messrs. Hall, Williston and Bixby, of Red
Wing, relative to the removal of the state re-
form school and relocation of the same, ad-
dressed to your excellency and referred TO
this Office, has been duly considered, together
with your inquiry as to the duty of the board
of managers in the premises.
Under the provisions of chapter 200 of
the general laws of the state of Minnesota
for the year 1887. certain persons therein
named are constituted commission and en-
powered to select and obtain a suitable site
and location for the state reform school
They were directed to meet at q certain time
named in the act and qualify and as soon as
convenient after their organization to pro-
ceed to examine and inspect locations for
JlC SCllOOl, dllu Oll Ut DSlOTc Lue LON CAV OF
May to determine site for permanent To-
cation of said school, subject TO certain linn
ltatiOnS ana conditions as to the time when
they should meet and when they should
make the selection. As to the foregoing re-
qGirement the law is very plain.
while it must be confessed that
it lacks that certainty which should
be found in acts of this character, and In
constituting the provisions of the law, refer
ence must be had to the object of the act and
reference TO its more positive provisions
Section of the act authorizes the commits
sion to contract for the purchase of said site
as may be by them selected. While there is
no time fixed within which such contract
should be made, the law contemplates that it
shall be made as soon as practicable after the
selection of the site. Under section z of the
act in question, the commission is directed
and empowered to sell and dispose of the ex-
listing real estate and buildings now occupied
by the state reform school and such other
property belonging to said school as they
may deem proper, subject to a condition re-
lating to the use of the same pending the
preparation of the new location. There is
no certain time fixed within which the exist
ing real estate and buildings shall be sold,
but il Is made
THE IMPERATIVE DUTY
of the managers to sell the same, and it is
very clear, from the scope and purpose of the
act, that 1t should be sold at as early q date
as possible consistent with the best interests
of the state. Section z also provides that
board of managers deem proper This re-
lates solely to the terms of payment having
no reference to the price, for it cannot be
said that the commission have authority to
take any less for the property than what it
is actually worth, and their discretion as to
terms is limited to the terms and manner of
payment it clearly being their duty to get
the full value of the property upon such sale.
Section s of said act directs the commits
sioners, out OF the proceeds of the sale of the
existing property,to complete the purchase of
the site so selected by the commissioners and
to erect thereon such building, and cause to
be made thereon such Improvements
as they may deem proper, limiting their
expenditures to the amounts received for
the existing property. The law is also silent
so far as fixing any definite time within
which, after the sale. the commissioners
shall erect such buildings. 1t seems very
clear, however, from the reading of this law
that it was the intention of the legislature
that the change of location of the state re-
form school should be made at once. In
fact their intention expressed in the act was
that a site should be selected on or before the
Is of May. and that it was their intention
that this change should be made with all
reasonable and convenient speed, having
reference at all times to the interests of the
state, and that the act in question imposed
upon the board created by its terms the plain
duty of carrying out IFS provisions in a rea-
sOnabie time. and in accordance with the in
tent and spirit of the act
Trusting that the foregoing will answer
your inquiry. have the honor to be very re-
specially yours,
NJ. E. CLAP, Attorney General.
After hearing all parties interested,
the board adjourned to meet next Tues
day at2:30 p. M. at which time definite
action will be taken. The board is said
to be evenly divided ON the question,
Messrs. Petit and Murray being in
favor of keeping the school where it is
for the present, and Messrs. Ingersoli
and Husher favoring removal.